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HomeMy WebLinkAbout1995-142 Easement - George95--074'70 FIRST PAGE RECORDIN( NAME OF TRANSACTION: NAME OF PARTIES: DOCUMENT TO BE RETURNED TO: ~ REQUIREMENTS PER ORS 205.234 Easement Grantor: 'City of Ashland Grantee: Monte C. George and Judy A. George Barbara M. Christensen, City Recorder, 20 East Main, Ashland, OR 97520 TRUE AND ACTUAL CONSIDERATION: Other consideration. UNTIL A CHANGE IS REQUESTED, Not applicable. SEND TAX STATEMENTS TO: EASEMENT AGREEMENT FOR ACCESS DATE: March 8, 1995 PARTIES: City of Ashland ("City") and Monte C. George and Judy A. George (Grantees) RECITALS: A. Grantees are the owners of property described on the attached Exhibit "A" (the Grantees' property"). B. The City of Ashland has acquired by quitclaim deed an easement to the Grantees' property in exchange for the following easement for access at a different location across the City's property. 1. Grant of easement by City: City grant to Grantees, its successor and assigns a non-exclusive easement over and across the property described on the attached Exhibit "B." This easement shall be for road purposes to provide ingress and egress to the Grantees' property for Grantees, their agents and invitees. 2. Road construction and maintenance by City: City shall construct and maintain a paved road along and upon the length of the easement from its intersection with Highway 66 to its intersection with the easterly boundary of Grantees' property. City shall place an appropriate sign or signs to advise the travelling public on Dead Indian Memorial Road of the intersection of the easement with the county road. 3. Supply of water by City: In the event that the water from the current well supplying water on the Grantees' property for domestic purposes is made unfit for domestic consumption or the volume is diminished below five gallons per minute because of activities which occur on the Ashland Municipal Airport, City shall make water available to the Grantees' property through its municipal water system. Provided, however, City shall have no obligation to supply water if the activity at the airport precipitating the city's obligation is an activity caused, or participated in, by the Grantees, their agents, assigns or their successors in interest to the Grantees' property. PAGE I-EASEMENT 95-074'70 City shall make such water available at the property line of the Grantees' property. City shall be responsible only to make available to Grantees such water at such pressure as may be available at the point of delivery as a result of City's normal operation of its water distribution system. All water delivered under the terms of this agreement shall be supplied and charged for in accordance with the City's rules and regulations applicable to general water service outside the City. City shall make such water available at the property line without charging for any systems development charge or connection fees. CITY OF ASHLAND BY ~ Catherine M. Golden, Mayor Barbara M. Christensen, City Recorder State of Oregon County of Jackson This instrument was acknowledged before me on ~;'_~.~/~, ~ , 1995, by Catherine M. Golden and Barbara M. Christensen as Mayor and City Recorder, respectively, of the City of Ashland, Oregon. Notary ~P/Jblic for Oregon My Commission Expires: PAGE 2-EASEMENT 5-0T470 EXHIBIT A Commencing at the east-southeast corner of Donation Land Claim No. 52 in Township 39 South, Ran§e 1 East of the Willamette Meridian in jackson County, Oregon, thence North 0°14'15" East 271.10 feet, thence North 39°32' West 46.90 feet to a 5/8" iron pin located on the west boundary of the Dead Indian County Road, thence along said west boundary, North 0*14'15".East 781.59 feet, thence North 39*32' West 2215.68 feet to a 5/8" iron located on the northeasterly line of tract described in Volume 576 page 172 of the Deed Records of Jackson County, Oregon, for the true point of beginning; thence North 15"07' East 480.13 feet to a 5/8" iron pin on the south bank of Emigrant Creek; thence North 15°07' East 86.43 feet to a point on the approximate centerline of said creek; thence along the approximate centerline of said creek, North 56"13' West 148.92 feet to a point; thence South 15'07' West 85.67 feet to a 5/8" iron pin on the south bank of said creek; thence South 15"07' West 428.47 feet to a 5/8" iron pin; thence South 39°32' East 172.98 feet to the true point of beginning. (Code 5-8, Account #1-11561-6, Map #391E12, Tax Lot #326) 95-07470 City of Ashland Public Works Department --- Engineering Division EXHIBIT B A strip of land 30 feet in width over and across that tract of land as depicted on the Map of Survey filed as Survey Number 12088, with the lackson County Surveyor's Office, located in the Southeast Quarter of Section 11, Township 39 South, Range 1 East, of the Willamette Base and Meridian, Jackson County Oregon, lying 15.00 feet on each side of the following described centerline. Beginning at a point on the centerline of Dead Indian Memorial Road which bears North 00° 15' 24" lea<t, 2,426.53 feet along the centerline of said road from the East, South East comer of Donation Land Claim No. 52; Thence North 89° 44' 36" West, a distance of 30.00 feet to a point on the westerly right-of-way line of Dead Indian Memorial Road for the Tree Point of Beginning; Thence South 89° 44' 36" West, 122.27 feet; Thence along the arc of a 100.00 foot radius curve to the right, which has a long chord that bears North 64° 13' 51" West, 86.14 feet, a distance of 89.06 feet; Thence North 38° 43' 06" West, 399.82 feet; Thence along the arc of a 200.00 foot radius curve to the left, which has a long chord that bears North 61° 56' 41" West, 157.75 feet, a distance of 162.15 feet; Thence North 85° 10' 16" West, 415.89 feet; Thence along the arc of a 150.00 foot radius curve to the left, which has a long chord that bears South 65° 01' 25" West, 149.12 feet, a distance of 156.06 feet; Thence South 35o 13' 07" West, 13.42 feet; Thence along the arc of a 150.00 foot radius curve to the right, which has a long chord that bears South 88° 39' 48" West, 240.98 feet, a distance of 279.84 feet; Thence North 37° 53' 31" West, 31.61 feet to an intersection with the most westerly property line of the above said filed Survey No. 12088, which point bears North 15° 07' 44" East, 34.27 feet, from the most westerly property comer, for the point of terminus of this easement. The sidelines of said 30 foot wide strip of land shall be extended or shortened as required to close upon the said westerly property line. Jackson County, Recorded OFFICIAL RECoP~D$